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Home My WebLink AboutCOM 0973.000 2006-2008 Marry Kim 4 Christopher J. Yuen Mayor Director '+i~ ui•~~~~ Brad Kurokawa, ASLA LEED® AP Tountg of pafrait Deputy Director January 24, 2008 PLANNING DEPARTMENT Y 101 PauuM Street, Suite 3 • Hilo, Hawaii 96720-4224 (808) 961-8288 • FAX (808) 961-8742 Mr. Robert A. Stuit o 0 1250 Oceanside Partners ~^y m 78-6831 Alii Drive, #K15 Sri Kailua-Kona, HI 96740-2440 Z n C~ z n 4 N . Dear Mr. Stuit: Change of Zone Ordinance No. 96-8 Applicant: 1250 Oceanside Partners Request: A-5a and Unplanned to A-la - Subject: Administrative Time Extension For Condition P TMK: 7-9-6: portion of 1; 7-9-12: portions of 3, 4, & 5; 8-1-4: portion of 3 Thank you for your letter dated December 4, 2007, requesting an administrative time extension to comply with Condition P of Change of Zone Ordinance No. 96-8. As stated in our June 1, 2007 letter, based on the exclusion of the time period from the filing of Civil No. 00-1-0192K (October 30, 2000) to the date of the Settlement Agreement (March 2, 2006), the three-year period to perform Condition P (1&2) would expire on January 20, 2008. Based on the allowance for an administrative time extension in Condition W of Change of Zone Ordinance No. 96-8, the reasons within our June 1, 2007 letter and the reasons for the request in your December 4, 2007 letter, we will grant a three-year administrative time extension until January 20, 2011 to comply with Condition P (1 & 2) of Change of Zone Ordinance No. 96-8. The time period to comply with Condition P (3) has expired. Please be informed, however, should you need an additional extension of time to comply with Condition P, your request and reasons, along with 20 copies of that request shall be forwarded to- the Planning Commission with a $250 filing fee. A public hearing will be held by the Planning Commission, who will forward their recommendation to the County Council. If you have any questions, please feel free to contact Norman Hayashi or Jeff Darrow at 961-8288. Sincerely, CHRISTOPHER J. Planning Director -7 comm. No. JWDamn P:\public\wp,~n60\Jeft\Letters\Time Ext\Lttuit-AdminTER-CondP-REZ765.doc Ref. TO: xc w/]tr:''Hawaii County Council Ref. Date JAN 2 4 9M8 Planning Commission West Hawaii Office Hawaii County is an Equal Opportunity Provider mid Employer. n December 4, 2007 Mr, Christopher J. Yuen, Planning Director County of Hawaii Planning Department 25 Aupuni Street Hilo, Hawaii 96720 Subject: Request for Extension of Time Change of Zone Ordinance No. 96-8, Condition P Agriculture Program Hokuli'a, Oceanside 1250 Dear Mr. Yuen: By this letter, 1250 Oceanside Partners ("Oceanside 1250") respectfully requests we be granted the first administrative time extension of three (3) years for the performance of Condition P of Change of Zone (COZ) Ordinance No. 96-8. As you are aware, a deadline of September 18, 2002 (three years from the date of Final Subdivision Approval) was initially established by Condition P of COZ 96-8 demonstrate that agricultural activity is being conducted on the subdivided lots. Furthermore, as indicated in your letter of June 1, 2007, the time to perform was extended by the period of the litigation (Civ. No. 00-1- 0192K) hence the original three years to fulfill Condition P of Ordinance 96-8 will expire January 20, 2008. Oceanside submitted its Farm Business and Development Plan to you for your review in 2002, and we are currently preparing plans for the remainder portions of the project. In addition, grower contracts for the plant seedlings were let and the first increment of seedlings were delivered in September 2002. We have made substantial progress on installation of the irrigation system to eventually irrigate these crops. Lastly, we have become a Cooperator with the Kona Soil and Water Conservation District and are working with the Natural Resources Conservation Service (NRCS) (formerly known as Soil and Conservation Service) on a conservation plan which would apply to the project. We will keep you apprised of the status of that plan, NRCS approval of which would satisfy the requirements of Condition P. Since approval of COZ 96-8, Oceanside 1250 has made substantial progress toward development of the Hokuli'a project including: .1 1 'd 1250 Oceanside Partners . 78-6831 Ali`i Drive - Suite K15 a Kailua-Kona, Hawafi 96740-2440 ph.,~r 808-324-1500 - Caz 808-324-4252 • wwuebokulia.ann 1~2 tea, t- Mr. Christopher Yuen December 4, 2007 Page 2 • Near completion of the Phase 1 infrastructure including potable and irrigation water systems, electrical, cable TV and telephone systems, and sewer systems; • Completion of the 18-hole golf course; • Subdivision approvals for Phase 1 and Phase 2 and tentative approval of Phase 3 totaling over 570 lots; • Construction of the northern portion of the Mamalahoa Highway Bypass; completion of the southerly portion is presently not underway due to the Coupe litigation currently being heard in court. • Completion and approval of the public access plan as well as SMA and CDUA permits for the shoreline park; While fulfillment of all conditions is a work in progress, considerable progress is being made. • Completion and approval of the Integrated Archaeological Mitigation Plan for the full Hokuli'a property. Final preservation plans are near completion; • Completion of development plans for the golf clubhouse and shoreline club. As you know our development was unexpectedly shut down for 30 months during the litigation period. As we began to remobilize our development efforts due to this shut down, it became apparent that it was not feasible for us to complete the Agricultural Program by January 20, 2008. Additionally, due to burial and access issues, archaeology issues, and approval processing issues, we have experienced infrastructure and other development delays beyond the control of Oceanside 1250. Lastly, pending the boundary amendment application we submitted to the LUC, it is unclear at this time as to what our Agricultural Program requirements will be. In light of these circumstances, we respectfully request a three year extension to perform our obligations under Condition P of COZ 96-8. Granting of the requested extension would also allow us time to finalize details of the Agricultural Program and proceed with its implementation in a structured manner, consistent with our intention that the agricultural activities at the Project be conducted in a viable manner. Granting of the extension would not be contrary to the original reasons for granting the change of zone, the County General Plan or the County Zoning Code. Accordingly, we respectfully request your consideration and favorable action upon this extension request. Should you require any further information regarding this request, please contact me at 324-4212 or Mr. Josh Skevington, General Manager at 324-1500. Sincerely y urs, Robert A. Sturt Vice President of Special Projects